Lessons Learned

Beschreibung

Lessons Learned Risk Management Issues in Genetic Counseling Susan Schmerler, Children’s Hospital of St. Joseph’s Regional Medical Center, Paterson, New Jersey Malpractice suits are filed every day. Even the most experienced practitioners are not immune to potentially career-ending malpractice charges. With so much at stake, how do you avoid lawsuits and protect yourself against legal action? Susan Schmerler, a lawyer and expert witness, as well as a respected genetic counselor for more than 30 years, will help you survive and thrive in today’s litigious society. The only book devoted exclusively to this specialty, Lessons Learned details the risk management issues involved in genetic counseling practice, and offers solid strategies for minimizing the risk of costly, career-damaging malpractice suits. Schmerler clearly identifies areas of practitioner liability and demonstrates how they may be averted, so counselors can better manage their practice while lowering the risk of legal action. Examples drawn from relevant court cases illustrate typical issues in malpractice, negligence, and breach of contract suits. With this in-depth knowledge, readers can refine their goals toward increased self-protection as well as client care. Included in the coverage: Sources of liability in genetic counseling practice. Case examples involving wrongful birth/life, confidentiality, billing, supervision issues. Anatomy of a malpractice suit—obligations, duties, standards, defense. Proper documentation. Guidelines for professional response to lawsuits. Plus helpful summaries, charts, tables, graphics, and online research ideas. This is must reading for genetic counselors and trainees. But the lessons of Lessons Learnedextend far beyond the field, making the book a significant resource for health care risk managers and administrators, attorneys, marriage and family counselors, and other professionals in psychology and public health.

No one wants to be sued. A lawsuit is an assault on one’s self-image, reputation, and livelihood. It is physically, mentally, and financially draining. Professionals get sued because an individual believes she has been harmed or thinks there is enough evidence to convince a jury that she has been harmed. An accusation of harm can be expressed in different legal terms, such as breach of contract or negligence. The profession of genetic counseling has developed within the field of medicine, so that a medical model usually applies. Therefore, a formal complaint by a patient about a genetic counselor would come under the laws that apply to medicine as opposed to business. Most commonly, these complaints take the form of a malpractice lawsuit that claims malpractice or negligence.

The purpose of this book is (1) to provide genetic counselors with varying levels of experience and expertise with heightened awareness of the sources and processes of the law as it can affect their practice; (2) to offer them strategies for minimizing the potential for their being named in a lawsuit; and (3) to provide guidance for the management of current and emerging situations. The book discusses the day-to-day practices of genetic counselors and identifies areas in which possible causes of liability can be found. It looks closely at a negligence lawsuit as it would concern a genetic counselor, so that readers may learn where the potholes hazards and how to avoid them.

No one wants to be sued. A lawsuit is an assault on one’s self-image, reputation, and livelihood. It is physically, mentally, and financially draining. The purpose of this book is to provide genetic counselors with varying levels of experience and expertise. It offers them strategies for minimizing the potential for being named in a lawsuit, and provides guidance for the management of current and emerging situations. This is the first book specifically addressing genetic counseling, as opposed to general healthcare risk management. The author has training and experience in both genetic counseling and law, serving as an expert witness in a malpractice case brought against a genetic counselor. The book includes summaries for convenient reference, important court cases, and an appendix of relevant documents.

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Susan Schmerler

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